Nivas1974 Posted July 22, 2017 Report Share Posted July 22, 2017 Hi Murthy Forum, I am new to this site. I just came to know from my friend that I can clarify my doubts related to H1B Salary issues. Coming to my issue details I have come to US in the month of Aug 2016 and I was on bench till Nov 2016 and in Dec 2016 I got a project and worked for client location in NY for 4 months. My LCA location on H1B is Houston, TX. Even though I worked in NY for 4 months my employer did not file extension and he did not pay one penny of salary to me, so in the month of March 2017 I have transferred my H1B to some other employer. On a regular basis I am sending mail to my ex employer asking for my balances, salary dues but I have not got any sort of reply from him. My Ex-employer has ran the Pay stubs but he did not run pay checks not even for one month. Now I am planning to log a compliant, so my questions are i. Am I eligible to log a compliant, if so where I need to? ii. Whenever I asked regarding extension while worked in NY, my ex-employer kept on saying I am filing this week like that but he never filed extension. What is the risk involved for me if I log a compliant? iii. I have screenshots of all the 4 months approved timesheets, can I submit these as a proof incase if I can file compliant? iv. My ex-employer made me to train 4batches each of 12 people on the skill which I worked, telling he will pay me some percentage, which he didnot pay at all? Can anyone clarify me these doubts and everything is good then I will go further filing complaint. Regards, Nivas Link to comment
satya2k1 Posted July 23, 2017 Report Share Posted July 23, 2017 Hi Nivas, It is a false notion that people on H1B can stay on bench, without work and pay, but that is illegal and such people are staying out of status. Even though, you are on bench your employer should pay you atleast as per LCA wages. You can lodge a complaint with Department of Labor using form WH4. search on internet for this form and you can lodge a complaint against such fraud employers. Link to comment
Nivas1974 Posted July 25, 2017 Author Report Share Posted July 25, 2017 On 7/23/2017 at 1:48 PM, satya2k1 said: Hi Nivas, It is a false notion that people on H1B can stay on bench, without work and pay, but that is illegal and such people are staying out of status. Even though, you are on bench your employer should pay you atleast as per LCA wages. You can lodge a complaint with Department of Labor using form WH4. search on internet for this form and you can lodge a complaint against such fraud employers. As my ex-employer did not file extension even though my LCA show Houston, TX, I have worked in NY. Is there any risk for me if I file complaint with DOL. Can I mention about class room training's which I have given where he charged amount from the trainees and did not pay me. Link to comment
JoeF Posted July 25, 2017 Report Share Posted July 25, 2017 There is no risk in filing a WH4. Link to comment
Nivas1974 Posted September 19, 2017 Author Report Share Posted September 19, 2017 Is there any time limit to file a compliant to DOL on ex-employer who didnot pay not even a penny Link to comment
JoeF Posted September 20, 2017 Report Share Posted September 20, 2017 13 hours ago, Nivas1974 said: Is there any time limit to file a compliant to DOL on ex-employer who didnot pay not even a penny A WH4 can be filed up to 1 year after the violation. Link to comment
Neda Posted September 20, 2017 Report Share Posted September 20, 2017 13 hours ago, Nivas1974 said: Is there any time limit to file a compliant to DOL on ex-employer who didnot pay not even a penny There is no timeline. But you're already late, that fraud employer might have already came up with a plan to cover up his crime. Link to comment
JoeF Posted September 20, 2017 Report Share Posted September 20, 2017 57 minutes ago, Neda said: There is no timeline. But you're already late, that fraud employer might have already came up with a plan to cover up his crime. Wrong again. A WH4 can be filed within 1 year of the violation. 20 CFR 655.806(a)(5): " A complaint must be filed not later than 12 months after the latest date on which the alleged violation(s) were committed" Link to comment
Nivas1974 Posted September 29, 2017 Author Report Share Posted September 29, 2017 Hi, I have came to US in the month of Jan 2017 and I was there with ex-employer till May end and moved to new employer on June 1st week. Please let me know before when I can complain to DOL regarding my pending balances. Link to comment
JoeF Posted September 29, 2017 Report Share Posted September 29, 2017 If the employer didn't pay you properly, file a WH4 ASAP. Link to comment
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